Bombay High CourtWP/2739/2016dispossed offdismiss for default

Aamera Saher Minority Multipurpose Soc. Ltd. Akola, Thr. Presi. Abdul Majid S/O Abdul Latif Deshmuk v. State Of Maharashtra, Thr. Principal Secretary Dept. Of School Education, Mumbai And Others

2016-08-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2739 OF 2016 Aamera Saher Minority Multipurpose Society Ltd., Akola, thr.its President -vsState of Maha.thr.its Principal Secretary, Deptt.of School Education and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Pushkar Ghare h/f Mr. A.M.Ghare, counsel for the petitioner. Mr. A.M.Balpande, AGP for the respondent Nos.1 to 4. Mr. A.I.Shaikh, counsel for the respondent No.5. CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 02.08.2016.

Since we have found that the impugned order is clearly illegal and is not in consonance with the directions issued by this Court in Writ Petition No.3858 of 2011 and 3280 of 2013, the learned counsel for the parties state that the impugned order could be set aside and the matter could be remanded to the State Government to consider the rival claims of the petitioner and the respondent No.5, simultaneously so as to consider the comparative merit of the parties Hence, the writ petition is disposed of with the consent of the learned counsel for the parties on the following terms:- (1) The impugned order granting permission to the respondent No.5 would not be acted upon and the State Government would consider the claim of the petitioner and the respondent No.5, simultaneously and grant permission to the deserving party to start a school at village Atali, Tahsil Khamgaon, District Buldhana.

2/3 (2) The said decision would be rendered by the State Government within four months so that the successful party would start the school from the Academic Session 2017-18. (3) No costs.

JUDGE JUDGE KHUNTE

3/3 C E R T I F I C A T E I certify that this Order uploaded is a true and correct copy of original signed Order. Uploaded by : G.S.Khunte, Uploaded on : 04/08/2016 P.A.to Hon'ble Judge